Overview: A Patchwork of Protections
State laws vary dramatically in how they protect—or fail to protect—immigrant students. This guide compares protective states with restrictive states.
Federal baseline: Plyler v. Doe (1982) guarantees all children K-12 education regardless of immigration status. States cannot override this.
Protective States
California
AB 699 (California Values Act for Education)
Enacted: 2017
| Protection | Details |
|---|---|
| Parental notification | Parents must be notified of immigration enforcement within 24 hours |
| Warrant requirement | Schools cannot allow ICE access without judicial warrant |
| Data protection | Schools cannot release student information without parent consent or court order |
| ICE prohibition | School personnel cannot assist in immigration enforcement |
| Training mandate | Annual staff training on immigrant student rights |
Additional California Protections
- AB 21: Declares schools as Safe Zones
- In-state tuition: AB 540 allows undocumented students to pay in-state rates
- Financial aid: CA Dream Act provides state financial aid regardless of status
Model Language: California Safe Zones Resolution
This district shall:
1. Not collect citizenship/immigration status except as required by law
2. Not release student records to ICE without court order
3. Not grant ICE access to campuses without judicial warrant
4. Provide notice to families before ICE visits
5. Train staff annually on immigration rights
New York
A5373A (Dignity for All Students Act Amendments)
Enacted: 2019
| Protection | Details |
|---|---|
| Judicial warrant required | ICE cannot access private school areas without judge-signed warrant |
| Record protection | FERPA strictly enforced; no records without court order |
| Staff limitations | School employees cannot question students about immigration status |
| Legal support | Schools must provide information about legal resources |
New York City Specific (Executive Order 41)
- NYC schools will not cooperate with ICE
- NYPD will not assist in immigration enforcement on school grounds
- Legal resources provided through ActionNYC
In-State Tuition
- Undocumented students: Qualify for in-state tuition at SUNY/CUNY
- State aid: Excelsior Scholarship available to DACA recipients
- NYS DREAM Act: State financial aid for undocumented students
Illinois
HB 3247 (Illinois Trust Act for Schools)
Enacted: 2021
| Protection | Details |
|---|---|
| Codifies Plyler | State law explicitly guarantees education regardless of status |
| Data restrictions | Schools cannot share student data with federal immigration authorities |
| No inquiries | Schools cannot ask about immigration status |
| Warrant verification | Schools must verify judicial warrants before allowing access |
| Parent notification | Parents must be informed of ICE presence |
Additional Illinois Protections
- TRUST Act: Limits state cooperation with ICE detainers
- In-state tuition: Available for undocumented students
- MAP grants: State financial aid available regardless of status
Washington
HB 2097 (Keep Washington Working Act)
Enacted: 2019
| Protection | Details |
|---|---|
| Sensitive locations | State agencies, including schools, cannot assist ICE |
| Data protection | Student information cannot be disclosed to immigration authorities |
| Warrant requirement | Only judicial warrants honored |
Additional Protections
- Real Hope Act: In-state tuition and state aid for undocumented students
- Safe Schools: Model policies distributed to all districts
New Jersey
A5029 (Immigrant Trust Directive)
Enacted: 2018
| Protection | Details |
|---|---|
| Non-cooperation | Schools cannot assist in immigration enforcement |
| Record protection | No student information shared with ICE |
| Parental notification | Families informed of any ICE contact |
In-State Tuition
- NJ DREAM Act (2018): In-state tuition and state financial aid available
Colorado
SB 19-225 (Resources for Undocumented Students)
Enacted: 2019
| Protection | Details |
|---|---|
| Resource requirements | Schools must provide immigration legal resources |
| DACA support | Schools must assist DACA students with renewals |
| No data sharing | Student information protected from ICE |
Massachusetts
SJC-12276 (Lunn Decision)
Court ruling: 2017
| Protection | Details |
|---|---|
| No ICE detainers | Schools and police cannot honor ICE detainers |
| Record protection | Strong FERPA enforcement |
| Safe Schools guidance | Statewide guidance for school responses |
Restrictive States
Texas
SB 4 (2017, Enhanced 2023)
| Restriction | Impact on Schools |
|---|---|
| Bans sanctuary policies | School districts cannot adopt non-cooperation policies |
| Penalties for non-cooperation | Officials can face removal from office |
| ICE cooperation required | Local entities must cooperate with ICE detainer requests |
Impact on Students
- Schools cannot have formal "sanctuary" policies
- Individual administrators can still exercise discretion
- Plyler v. Doe still applies — education cannot be denied
What Schools CAN Still Do
| Permitted | Notes |
|---|---|
| Require judicial warrants | For private area access |
| Enforce FERPA | Records require court order |
| Exercise discretion | On case-by-case basis |
| Provide resources | Information about legal aid |
In-State Tuition Status
- HB 1403 (2001): In-state tuition available for undocumented students (still in effect)
- No state financial aid available
Florida
SB 1718 (2023) & SB 2-C (2025)
| Restriction | Impact |
|---|---|
| Hospital reporting | Creates fear affecting school attendance |
| E-Verify mandate | Affects parent employment stability |
| Invalidates foreign IDs | Complicates parent identification at schools |
| SB 2-C: Tuition removal | Eliminates in-state tuition for undocumented students |
In-State Tuition Status
- Pre-2025: In-state tuition available through residency
- Post-SB 2-C: Undocumented students must pay out-of-state rates
- No state financial aid available
What Florida Schools CAN Still Do
| Permitted | Notes |
|---|---|
| Require judicial warrants | Constitutional right unchanged |
| Protect FERPA records | Federal law still applies |
| Accept alternative IDs | Birth certificates, other documents |
| Enroll all students | Plyler v. Doe unchanged |
Arizona
SB 1070 (Partially Enjoined)
| Current Status | Notes |
|---|---|
| Show papers provision | Struck down by courts |
| School impact | Limited; federal protections apply |
| In-state tuition | Proposition 300 (2006) prohibits in-state tuition |
Georgia
HB 87 (2011) & Board of Regents Policy
| Restriction | Impact |
|---|---|
| University enrollment ban | Top 5 public universities cannot enroll undocumented students |
| No in-state tuition | Undocumented students ineligible |
South Carolina
SB 20 (2008)
| Restriction | Impact |
|---|---|
| Enrollment ban | Public colleges cannot enroll undocumented students |
| No in-state tuition | Prohibited regardless of residency |
State Comparison Table
| State | Sanctuary/Safe Zone | Warrant Required | In-State Tuition | State Aid |
|---|---|---|---|---|
| California | Yes (AB 699) | Yes | Yes (AB 540) | Yes |
| New York | Yes (A5373A) | Yes | Yes | Yes |
| Illinois | Yes (HB 3247) | Yes | Yes | Yes |
| Washington | Yes (HB 2097) | Yes | Yes | Yes |
| New Jersey | Yes (A5029) | Yes | Yes | Yes |
| Colorado | Yes (SB 19-225) | Yes | Yes | Limited |
| Massachusetts | Yes (Lunn) | Yes | Yes | Yes |
| Texas | No (SB 4 bans) | Discretionary | Yes | No |
| Florida | No | Discretionary | No (SB 2-C) | No |
| Arizona | No | Discretionary | No (Prop 300) | No |
| Georgia | No | Discretionary | No | No |
Higher Education Access
States with In-State Tuition Access
| State | Legislation | State Aid Available |
|---|---|---|
| California | AB 540 | Yes (CA Dream Act) |
| Colorado | ASSET | Limited |
| Connecticut | Public Act 11-43 | Yes |
| Florida | Revoked by SB 2-C | No |
| Hawaii | HB 1090 | No |
| Illinois | HB 60 | Yes (MAP grants) |
| Kansas | HB 2145 | No |
| Maryland | HB 470 | Yes |
| Minnesota | HF4 | Yes |
| Nebraska | LB 623 | No |
| New Jersey | NJ Dream Act | Yes |
| New Mexico | SB 582 | Yes |
| New York | SUNY/CUNY policies | Yes (NYS Dream Act) |
| Oklahoma | HB 1804 | No |
| Oregon | HB 2787 | Yes |
| Rhode Island | Board policy | Yes |
| Texas | HB 1403 | No |
| Utah | HB 144 | No |
| Virginia | HB 2123 | Limited |
| Washington | HB 1079 | Yes (Real Hope Act) |
States Explicitly Prohibiting Access
| State | Legislation | Notes |
|---|---|---|
| Alabama | HB 56 | In-state tuition prohibited |
| Arizona | Prop 300 | In-state tuition prohibited |
| Georgia | Board policy | Top universities ban enrollment |
| Indiana | HB 1402 | In-state tuition prohibited |
| South Carolina | SB 20 | Enrollment banned at public colleges |
What Plyler v. Doe Guarantees Everywhere
Regardless of state law, every child in America has:
| Right | Application |
|---|---|
| Free K-12 education | Cannot be denied based on status |
| No citizenship requirement | Schools cannot require proof |
| No SSN requirement | Social Security numbers optional |
| FERPA protection | Records protected from disclosure |
States cannot override these federal protections.
Model District Policy Elements
Regardless of state, districts can adopt policies that:
- Require judicial warrant verification before allowing ICE access
- Protect student records under FERPA
- Do not collect immigration status information
- Provide resources to immigrant families
- Train staff on student rights
- Notify parents of any ICE contact (where not prohibited)
Advocacy Resources
For Protective Policies
- ACLU State Affiliates: Model legislation and advocacy toolkits
- NILC (National Immigration Law Center): In-state tuition advocacy
- United We Dream: Student organizing resources
- NEA (National Education Association): Educator resources
Know Your State
Check your state:
- State education department website
- State ACLU affiliate
- Local immigration legal aid organizations